Can I still complete the purchase of a probate property if the original bidder dies before closing? – North Carolina Short Answer Yes—under North Carolina law, a judicial sale is not final until it is confirmed by the Clerk of Superior Court. If the high bidder dies before closing, that bidder’s personal representative can usually…
How can I enforce my father’s successful bid on our family home after he died? – North Carolina Short Answer In North Carolina, a high bid at a court-ordered estate sale becomes enforceable only after the upset-bid period closes and the Clerk confirms the sale. If the high bidder dies before closing, the personal representative…
How do I challenge a commissioner who delayed or combined estate property sales? – North Carolina Short Answer In North Carolina, you challenge a commissioner’s sale decisions by filing a motion or objection with the Clerk of Superior Court in the estate or special proceeding that authorized the sales. You can ask the clerk to…
What options do I have to keep living in the house after the administrator of the estate asks for the keys? – North Carolina Short Answer In North Carolina, heirs own a decedent’s real estate at death, so the administrator cannot take possession just by asking for the keys. The administrator must either have immediate…
What documents are needed to recover excess proceeds after a tax sale? – North Carolina Short Answer In North Carolina, you recover surplus (excess) tax sale proceeds by filing a motion or petition in the tax foreclosure case asking the court to disburse the funds. You must prove your right to the money with documents…
Can multiple heirs file separate claims for the same surplus funds? – North Carolina Short Answer Yes. In North Carolina, more than one person can file a claim to the same surplus funds from a property sale, but the Clerk of Superior Court (or the foreclosure trustee) will resolve all competing claims in a single…
How do I prove eligibility to receive surplus proceeds in a closure file? – North Carolina Short Answer In North Carolina, you prove eligibility to surplus proceeds from a foreclosure by filing a motion or petition in the foreclosure file with the Clerk of Superior Court, showing who you are, why you have priority, and…
Do proceeds need to flow through the estate bank account or can I have checks cut directly to the trust and beneficiaries? – North Carolina Short Answer In North Carolina, money from probate assets typically should be deposited into the estate’s fiduciary bank account and disbursed from that account after paying valid claims and expenses.…
How do I obtain and file satisfactions of claim from creditors to finalize the estate? – North Carolina Short Answer In North Carolina, the executor gathers and reviews creditor claims after publishing and mailing the required notice, pays valid claims in the statutory order, and obtains written proof each claim is satisfied (paid-in-full letter, zero-balance…
How can I sell a jointly owned property as executor to pay estate debts and close probate? – North Carolina Short Answer In North Carolina, an executor can sell real estate to pay valid estate debts if the will gives sale authority or by getting an order from the Clerk of Superior Court in a…
